Landlord/tenant rights, dealing with problems, where to get help...
Landlord refusing my rent cheque
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uncreated Posts: 1
Posted On: 3/16/2011
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Hello, I need some insight.
I, for the first time in my rental history at one location, have accidentally defaulted on a rental payment, which for nearly fifteen years I have been paying in the form of non-certified bank cheque.
I'm in Ontario currently on a month-to-month tenancy.
Unfortunately I missed a notice that the landlord provided asking me to rectify the NSF payment, up until the point I was served an N4 notice to end my tenancy early.
Along with this, I was sent a letter by the landlord demanding payment in the form of a certified cheque or money order.
According to section 108 of the Residential Tenancies Act, am I correct in interpreting that there is no legal requirement to comply with the landlord's request for a certified payment?
I have since corrected the insufficient funds problem in my bank account, and reissued a second cheque in the amount of my rent owing as well as a surcharge for the landlord incurring his own costs for my NSF cheque.
I was told twice, however, that my cheque would not be accepted due to what they deemed was a "loss of credibility" on my part.
Not wanting to incur extra monetary and time costs to provide the landlord with a certified method of payment, I have refused as I believe is my right.
Have I misinterpreted this?
At this time, I have not sought assistance aside from the two points in the Act.
At this time, my landlord is still holding my reissued rent cheque, uncashed, and in part because I requested it not be returned to me.
I explained to them that I felt I met my obligations as a tenant, and subsequently requested a receipt which has yet to be provided.
I am not hopeful that a receipt will be provided, as the landlord is insistent that my bank cheque is no longer an acceptable form of payment.
He also stated that he "sent the cheque back", but was unable to provide further details as to where it went.
I do not plan to reissue another cheque until I have been assured the current one has been nullified as a form of payment, however even if I do, it'll bring me back full circle with the landlord.
Questions:
Having reissued my cheque with NSF fee to my landlord, is my early termination notice void as it should be?
If so, is my landlord still able to request a board hearing once the date on that notice elapses?
Thanks for your time.
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Mustack Posts: 1
Posted On: 4/23/2015
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Adding this for people to find in the future.
I went through the same thing. My landlord demanded a certified cheque or money order, which are "negotiable forms of payment" after my cheque returned NSF. Section 108 clearly states that is not allowed. I even called the Landlord & Tenant Board to ask if there was a special provision for NSF cheques and they assured me that there wasn't. Your landlord MUST accept cheques as form of payment for rent, even if one of your cheques bounced. They are allowed to charge you up to 20$ in admin fees for dealing with the NSF cheque as well as any fees they may have incurred from the bank.
Reminder: This applies to Ontario. This rule might be different for other countries or provinces.
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